(2) Has not been subject to a sentence the calculation
of which includes an enhancement for the use of a deadly
weapon as defined under law or the sentencing guidelines
promulgated by the Pennsylvania Commission on Sentencing or
the attorney for the Commonwealth has not demonstrated that
the defendant has been found guilty of or was convicted of an
offense involving a deadly weapon or offense under 18 Pa.C.S.
Ch. 61 (relating to firearms and other dangerous articles) or
the equivalent offense under the laws of the United States or
one of its territories or possessions, another state, the
District of Columbia, the Commonwealth of Puerto Rico or a
foreign nation.
(3) Has not been found guilty of or previously convicted
of or adjudicated delinquent for or an attempt or conspiracy
to commit a personal injury crime as defined under section
103 of the act of November 24, 1998 (P.L.882, No.111), known
as the Crime Victims Act, except for an offense under 18
Pa.C.S. § 2701 (relating to simple assault) when the offense
is a misdemeanor of the third degree, or an equivalent
offense under the laws of the United States or one of its
territories or possessions, another state, the District of
Columbia, the Commonwealth of Puerto Rico or a foreign
nation.
(4) Has not been found guilty or previously convicted or
adjudicated delinquent for violating any of the following
provisions or an equivalent offense under the laws of the
United States or one of its territories or possessions,
another state, the District of Columbia, the Commonwealth of
Puerto Rico or a foreign nation:
18 Pa.C.S. § 4302(a) (relating to incest).
18 Pa.C.S. § 5901 (relating to open lewdness).
18 Pa.C.S. Ch. 76 Subch. C (relating to Internet
child pornography).
Received a criminal sentence pursuant to 42 Pa.C.S. §
9712.1 (relating to sentences for certain drug offenses
committed with firearms).
Any offense for which registration is required under
42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
sexual offenders).
Drug trafficking as defined in section 4103 (relating
to definitions).
(5) Is not awaiting trial or sentencing for additional
criminal charges, if a conviction or sentence on the
additional charges would cause the defendant to become
ineligible under this definition.
[(6) Has not been found guilty or previously convicted
of violating section 13(a)(14), (30) or (37) of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act, where the sentence
was imposed pursuant to 18 Pa.C.S. § 7508(a)(1)(iii), (2)
(iii), (3)(iii), (4)(iii), (7)(iii) or (8)(iii) (relating to
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